End-User Licence Agreement (EULA)
Important! Read the following terms carefully before installing, copying, and/or using ABBYY Lingvo x3. Installing, copying or otherwise using the product indicates your acceptance of these terms.
This End-User Licence Agreement (“EULA”) is a legal agreement between you, the end user (either an individual or a single entity), and ABBYY for the software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (SOFTWARE).
By installing, copying, or otherwise using the SOFTWARE, you acknowledge that you have read this EULA and that you understand it and agree to be bound by its terms.
This EULA becomes effective when you accept all the terms stated herein by choosing the “I accept the terms of the licence agreement” declaration followed by the “Next” command on your computer screen, and is binding for the entire period of the SOFTWARE copyright.
The SOFTWARE is protected by the copyright laws of the Russian Federation, international treaty provisions, and the laws of the country of purchase or final use. You agree that this EULA is enforceable like any written negotiated agreement signed by you. This EULA is enforceable against you and any entity that obtained the SOFTWARE or on whose behalf it is used.
If you do not agree with the terms of this EULA, do not use the SOFTWARE, select the “I do not accept the terms of the licence agreement” declaration, and click “Cancel” to quit the installation program.
You may obtain a refund of the amount you originally paid if you:
(i) Do not use the SOFTWARE, and
(ii) Return the SOFTWARE, including all of the above-mentioned documentation, media and packaging, with the proof of payment, to the place where you bought the SOFTWARE, within thirty (30) days starting from the date of purchase unless otherwise stipulated by the laws of the country where you purchased the SOFTWARE or the return policy of the seller from whom you purchased the SOFTWARE.
Definitions
“ABBYY” means
ABBYY USA Software House, Inc. registered at 47221 Fremont Boulevard, Fremont, California 94538, USA, when article 20.1 of this EULA is applied,
ABBYY Europe GmbH registered at Elsenheimerstr. 49 80687 Munich, when article 20.2 of this EULA applied,
ABBYY LLC registered at ul. Perovskaya dom 22, korpus 1, 111398, Moscow, Russia, when article 20.3 of this EULA is applied,
ABBYY Software House Ukraine registered at 31, Degtyarevskaya st., Kiev, Ukraine 03680, when article 20.4 of this EULA is applied,
and ABBYY Solutions Ltd., Michail Karaoli 2, Egkomi, CY 2404, Nicosia, Cyprus in all other cases.
“ABBYY Group” means ABBYY with all its affiliates.
“ABBYY affiliate” means an entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control of ABBYY.
“You”, “your”, and “end user” refer to and include any person and/or any entity that obtained and uses this SOFTWARE.
“Dictionary” means a database of words included into the SOFTWARE or accessible by means of the SOFTWARE with any and all of the following characteristics (i) their translations into other language(s), (ii) their translations with detailed additional information, including usage examples, synonyms, antonyms, and indication of stressed syllables), (iii) parts of speech, (iv) pronunciation and/or a guide to accepted pronunciation and syllabification, (v) inflections of words, (vi) derived words of different parts of speech, (vii) etymologies, and (viii) definitions.
“Offline Dictionary” means any of the Dictionaries which are included into the SOFTWARE you received and will be installed locally on your computer upon the installation of the SOFTWARE or Dictionary which you download from the ABBYY website and install on your computer.
“Online Dictionary” means any of the Dictionaries accessible by means of the SOFTWARE which are located on the ABBYY website and which are not installed locally on your computer.
“User Dictionary” means any Dictionary created by you or other end users of ABBYY Lingvo and used by you by means of the SOFTWARE.
“Licence” means the non-exclusive limited right granted to you by ABBYY to use the SOFTWARE together with the associated Dictionaries in accordance with the terms of this EULA.
1. Grant of Licence
1.1. Subject to your compliance with the terms of this EULA, ABBYY grants you a non-exclusive limited right (the “Licence”) enabling you to use the SOFTWARE with specified set of Online and/or Offline Dictionaries, including all the images, photos, animations, audio and video components, music, text, and additional applications incorporated into the SOFTWARE, as well as all of the SOFTWARE copies solely as set forth below. All the terms stated below apply both to the SOFTWARE as a whole and to all of its separate components.
2. Licence
2.1. ABBYY represents, warrants and guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE with specified set of Online and/or Offline Dictionaries, including all the images, photos, animations, audio and video components, music, text, and applications incorporated into the SOFTWARE, as well as all of the SOFTWARE copies.
2.2. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE (including User Dictionaries) are the property of the respective content owners and protected by the laws of the Russian Federation, the laws of the United States of America, international treaties, and the laws of the country of purchase or final use. This EULA does not grant you any rights to such intellectual property.
2.3. The SOFTWARE contains valuable trade secrets and confidential information belonging to ABBYY and third parties and is protected by copyright, including, without limitation, by the laws the Russian Federation, United States Copyright Law, international treaty provisions, and the applicable laws of the country of purchase or final use. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of ABBYY’s and/or third party’s intellectual property rights and shall be cause for the revocation of all rights to use the SOFTWARE granted to you under this EULA.
2.4. You may make a one-time permanent transfer of this SOFTWARE only directly to another end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, and any upgrades), and this EULA. Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE. You must uninstall the SOFTWARE from your computer in the case of such SOFTWARE transfer.
2.4.1. Any transfer of the SOFTWARE to a third party except as set forth in article 2.4 of this EULA shall constitute a breach of this EULA, and you shall forfeit all rights to use the SOFTWARE and receive technical support for the SOFTWARE.
2.5. This EULA does not grant you any rights in connection with any trademarks of ABBYY.
2.6. Reservation of Rights. ABBYY reserves all rights not expressly granted to you in this EULA.
3. Terms of Use
3.1. If you are a company, a legal entity, a state body or a body of local self-government, you may install, run, and use the SOFTWARE
only on one computer — either on a desktop computer or on a portable (laptop) computer.
3.1.1. In the case of a network installation you may use the SOFTWARE within one local area network only. You may install the SOFTWARE on your network server and from the server you may install, run, and use the SOFTWARE on one workstation, unless otherwise stipulated in a separate agreement between you and ABBYY.
3.2. If you are a private individual, you may install, run, and use the SOFTWARE on two computers, provided that you use the SOFTWARE simultaneously only on one computer.
4. Dual-Media SOFTWARE
4.1. You may receive the SOFTWARE on more than one medium, including downloads over the Internet. Regardless of the number of media you receive, you are only licensed to use one copy of the SOFTWARE in accordance with Section 3 of this EULA.
5. Online dictionaries
5.1. If the SOFTWARE allows you to access Online Dictionaries and an Internet connection with the ABBYY website is active, all the terms of this EULA shall also apply to the Online Dictionaries.
6. User Dictionaries
6.1. You may use the SOFTWARE to create your own User Dictionaries and/or to add and/or to use User Dictionaries made by other end users if this feature is supported by the SOFTWARE.
6.2. If you use the SOFTWARE to create User Dictionaries or to use third-party User Dictionaries, ABBYY disclaims any and all liability with respect to the intellectual property rights of the third parties involved.
7. Information transferred via the Internet
7.1. You acknowledge and agree that SOFTWARE may connect to the ABBYY website over the Internet and transfer the information described in articles 7.2-7.3 below.
7.2. When the SOFTWARE is connected to the ABBYY website, the SOFTWARE may display the following information: (i) translations from Online Dictionaries, (ii) information about Dictionaries which are available for buying, (iii) ABBYY news, (iv) messages about SOFTWARE features and news about languages. You agree to allow the SOFTWARE to connect to the ABBYY website in order to receive and display this information in the default configuration of the SOFTWARE. You may change the default configuration of the SOFTWARE and select the types of information displayed by the SOFTWARE.
7.3. You agree that the SOFTWARE will provide the following technical information to ABBYY when the SOFTWARE connects to the ABBYY website: the full name of the SOFTWARE, the language of the graphical user interface currently selected in the SOFTWARE, the regional settings currently selected in the SOFTWARE, your serial number, installation ID, the list Online Dictionaries and/or Offline Dictionaries, the word or phrase you are attempting to translate, current translation direction.
8. Redistribution of the SOFTWARE
8.1. Any redistribution of the SOFTWARE, except as described in article 2.4, is strictly prohibited. Redistribution includes, but is not limited to, granting third parties access to any components of the SOFTWARE in any form, renting, leasing, or lending the SOFTWARE.
9. Limitations
9.1. You acknowledge that the SOFTWARE is protected from unauthorized copying and/or use. The SOFTWARE may include software protection mechanisms and you agree to follow the instructions contained in the SOFTWARE in order to comply with such protection mechanisms.
9.2. You may not be able to exercise your rights to the SOFTWARE under this EULA unless you activate your copy of the SOFTWARE. When you activate your copy of the SOFTWARE, no personal information will be transmitted to ABBYY. Activation is completely anonymous. During activation, a unique parameter is created that represents the configuration of your computer at the time of activation. The parameter does not include any personal information, any information about software or data that may reside on your computer, or any information about the specific make or model of your computer. The parameter identifies the computer solely for the purpose of activation. Together with the parameter, the name, serial number, version number, and interface language of your copy of the SOFTWARE will be sent to ABBYY. This information will only be used to select the correct language and contents of the reply message to inform you about the results of the activation procedure and will not be used for any other purposes.
9.3. You may activate your copy of the SOFTWARE using one of the following methods (1) activation over the Internet, (2) activation by phone, and (3) activation by e-mail. Activation over the Internet requires an active Internet connection. ABBYY may discontinue activations by phone and activations by e-mail at any time.
9.4. All usage terms and limitations governing the use of the SOFTWARE are stated in this EULA, unless otherwise stipulated in a separate agreement with ABBYY.
9.5. You may not perform or make it possible for other persons to perform any activities included in the list below.
9.5.1. Reverse engineer, disassemble or decompile the SOFTWARE (applications, databases (including dictionaries)), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law permits such activities, any information so discovered must not be disclosed to third parties to the extent that such disclosure is required by law and such information must be promptly disclosed to ABBYY. All such information shall be deemed to be confidential and proprietary information of ABBYY.
9.5.2. Modify, adapt, or translate the SOFTWARE, including making changes to the object code of the applications and databases contained in the SOFTWARE, other than those provided for by the SOFTWARE and described in the documentation.
9.5.3. Make any changes to the SOFTWARE, including changes for the purpose of enabling the SOFTWARE to run on Your hardware, without the prior written consent of ABBYY, other than changes that can be made by the means included with the SOFTWARE and described in the accompanying documentation. Correct errors in the SOFTWARE without the prior written consent of ABBYY.
9.5.4. Rent, lease, sublicense, assign, or transfer any rights granted to you by this EULA and other rights related to the SOFTWARE to any other person, or allow all or any portion of the SOFTWARE to be copied onto another computer, except as described in article 2.4 and Section 3 of this EULA.
9.5.5. Make it possible for any person not entitled to use the SOFTWARE and working in the same local area network or multi-user system as you to use the SOFTWARE.
9.5.6. Reproduce and/or replicate and/or distribute in paper form the Dictionaries.
9.5.7. Remove or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to you.
9.5.8. Use or provide the access to the Dictionaries (with the exception of User Dictionaries) without the SOFTWARE.
10. Technical Support
10.1. ABBYY provides you with technical support services related to the SOFTWARE (“Technical Support”) subject to the conditions of the current ABBYY Technical Support Policy published on the ABBYY Web site (http://www.abbyy.com/support/). ABBYY reserves the right to make changes to its Technical Support Policy at any time without prior notice.
10.2. Any supplementary software code provided to you as part of Technical Support is to be considered as part of the SOFTWARE and is subject to the terms and conditions of this EULA.
10.3. To be eligible for Technical Support, you may be required to provide ABBYY with information about the characteristics of your computer, as well as standard personal details including your name, company name (if appli
cable), address, phone number, and e-mail address.
10.4. ABBYY may use the above-mentioned information for its business purposes, including, but not limited to, product support and development, provided that ABBYY does not utilize such information in any form that personally identifies you.
11. “Not for Resale” SOFTWARE
11.1. If the SOFTWARE is labelled “Not for Resale” or “NFR”, then, notwithstanding other sections of this EULA, you may only use such SOFTWARE for demonstration, assessment, verification or testing purposes. You agree not to resell such SOFTWARE.
12. SOFTWARE or Dictionaries for Trial Purposes
12.1. If the SOFTWARE, or an Online Dictionary, or an Offline Dictionary is labelled as “Try&Buy”, “Trial” or “Demo”, then this section shall apply until such time that you purchase a licence for the full version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an “as is” basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled or restricted after a designated period of time following the installation, this period being specified in the SOFTWARE. Upon such timeout date, the licence hereunder shall be terminated, unless extended by ABBYY upon your purchase of a full licence from ABBYY.
13. Upgrades
13.1. If the SOFTWARE is labelled as an upgrade, you must be properly licensed to use a product identified by ABBYY as being eligible for the upgrade in order to use the SOFTWARE.
13.2. The SOFTWARE labelled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade.
13.3. Once you have installed the upgraded product, your previous EULA becomes null and void. You acknowledge that any obligation ABBYY may have with respect to the previously used version of the SOFTWARE shall end upon the installation of the upgrade.
13.4. You may only use the resulting upgraded product in accordance with the terms of the EULA supplied with this upgrade.
13.5. You acknowledge that any obligation ABBYY may have to support the version of the SOFTWARE being upgraded shall end upon the availability of the upgrade.
13.6. In order to use the SOFTWARE labelled as an upgrade, you must activate the SOFTWARE in accordance with article 9.2.
13.7. During activation, ABBYY may ask you to present proof that you own a valid licence to one of the previous versions of the SOFTWARE labelled as eligible for the upgrade.
14. Corporate Version/Site Licence Edition of the SOFTWARE
14.1. If the SOFTWARE is labelled as a “Corporate Version” or “Site Licence Edition”, you may not use the SOFTWARE without a separate written agreement between you and ABBYY. This separate written agreement between you and ABBYY shall set forth the terms of use of the SOFTWARE.
15. Version intended only for natural persons
15.1 If the SOFTWARE was obtained in Ukraine and one of its licence parameters is “Delivery type: Standalone” (the packaging of such SOFTWARE bears the words “For Home Use Only”), you may only use the SOFTWARE for non-commercial purposes. Such SOFTWARE may not be installed and used by natural persons who are individual entrepreneurs, by legal entities, or by state enterprises, institutions, and organizations, including local self-government bodies.
16. Termination
16.1. Unless otherwise agreed in a separate agreement between you and ABBYY, this EULA is effective for the entire period of the SOFTWARE copyright.
16.2. Without prejudice to any other rights, ABBYY may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE, all of its component parts, and uninstall the SOFTWARE.
16.3. You may terminate this EULA by destroying the SOFTWARE and accompanying documentation and all copies thereof. Such termination does not relieve you of your obligation to pay for the SOFTWARE.
16.4. Provisions 2.3, 2.5, 2.6, 8, 9, 12, 17.2 – 17.4, 18 – 20, 21.5, 22, and 23 shall survive the termination of this EULA, howsoever caused, but this shall not imply or create any continued right to use the SOFTWARE after termination of this EULA.
17. Warranties and Indemnifications
17.1. ABBYY warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for a period set by the legislation of the country in which you purchased the SOFTWARE starting from the date of purchase.
17.2. The SOFTWARE and any upgrades are being delivered to you “as is” and ABBYY makes no warranty of any kind. ABBYY does not and cannot warrant the performance or results you may obtain by using the SOFTWARE. Except for any warranty, condition, representation, or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, ABBYY makes no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter, including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, or that the SOFTWARE will carry no errors, meet your requirements, or that the SOFTWARE will function properly when used in conjunction with any other software or hardware, and the entire risk as to the quality and performance of the SOFTWARE lies with you.
17.3. ABBYY makes no warranties for any third party software products which may be supplied with or within the SOFTWARE.
17.4. Limited Warranty for Users Residing in Germany or Austria.
If you obtained your copy of the SOFTWARE in Germany or Austria, and you usually reside in such country, then, in accordance with German law, ABBYY warrants that the SOFTWARE provides the functionalities set forth in its documentation (the “agreed upon functionalities”) for the limited warranty period following receipt of the SOFTWARE copy when used on the recommended hardware configuration. As used in this article, “limited warranty period” means one (1) year if you are a business user or legal entity, and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. This limited warranty does not apply to the SOFTWARE provided to you free of charge, for example, updates, pre-release versions, “Trial” versions, “Try&Buy” versions, “Demo” versions, product samples, “Not for Resale” (“NFR”) copies of the SOFTWARE, or the SOFTWARE that has been altered by you, to the extent such alterations caused a defect. To make a warranty claim, during the limited warranty period, you must return, at ABBYY’s expense, the SOFTWARE and proof of purchase to the location where you obtained it. If the functionalities of the SOFTWARE vary substantially from the agreed upon functionalities, ABBYY is entitled (by way of re-performance and at its own discretion) to repair or replace the SOFTWARE. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact ABBYY’s Customer Support Department in Germany: ABBYY Europe GmbH, Elsenheimerstr. 49, 80687, Munich, tel.: +49 (0)89 51 11 590, fax: +49 (0)89 51 11 5959.
18. Limitation of Liability
18.1. In no event will ABBYY be liable to you for any damages, business interruption, loss of data or information of any kind,
business or otherwise, claims or costs whatsoever, or any consequential, indirect, incidental damage, or any lost profits or lost savings resulting from and/or relating to the use of the SOFTWARE, or damages caused by possible errors or misprints in the SOFTWARE, even if an ABBYY representative has been advised of the possibility of such loss, damages, claims or costs, or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. ABBYY’s sole and aggregate liability under or in connection with this EULA shall be limited to the purchase price originally paid for the SOFTWARE, if any. Nothing contained in this EULA limits ABBYY’s liability to you in the event of death or personal injury resulting from ABBYY’s negligence or for the tort of deceit (fraud). For further information, please see the jurisdiction-specific information in Section 20 of this EULA.
18.2. Limitation of Liability for Users Residing in Germany or Austria:
If you obtained your copy of the SOFTWARE in Germany or Austria, and you usually reside in such country, then:
18.2.1. Subject to the provisions in article 18.2.2, ABBYY’s statutory liability for damages shall be limited as follows: (i) ABBYY shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) ABBYY shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
18.2.2. The limitation of liability set forth in 18.2.1 shall not apply to any mandatory statutory liability, in particular, to liability for culpably caused personal injuries.
18.2.3. You are required to take all reasonable measures to avoid and reduce damages, in particular to make backup copies of the SOFTWARE and your computer data subject to the provisions of this EULA.
19. Export Rules
19.1. The SOFTWARE shall not be exported or re-exported in violation of any export provisions in the laws of the country in which this SOFTWARE was purchased or otherwise acquired. In addition, you represent and warrant that you are not prohibited under applicable laws from purchasing or receiving the SOFTWARE.
20. Governing Law
20.1. If the Software was obtained in the United States, Canada, Mexico, Central America, Japan or Taiwan, this EULA shall be governed by and construed in accordance with the laws of the State of California, United States of America. With respect to any dispute which may arise in connection with this EULA and/or this SOFTWARE, you consent to the jurisdiction and venue of the federal and/or state courts in the county of Alameda or Santa Clara in the state of California.
20.2. If the SOFTWARE was obtained in Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, the United Kingdom, or any other member state of the European Union that is not mentioned in article 20.3 or 20.4 of this EULA, or in Switzerland, Norway, Iceland or Liechtenstein, this EULA shall be governed by and construed in accordance with the substantial laws in force in Munich, the Federal Republic of Germany and the competent court of Munich, the Federal Republic of Germany shall have jurisdiction over all disputes relating to this EULA.
20.3. If the SOFTWARE was obtained in Russia, Byelorussia, Kazakhstan, or any other country of the CIS, except for Ukraine and Moldova, or if the SOFTWARE was purchased in Latvia, Lithuania or Estonia, this EULA shall be governed by and construed in accordance with the substantial laws in force in the Russian Federation.
20.4. If the SOFTWARE was obtained in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Hungary, Israel, Macedonia, Malta, Poland, Romania, Slovakia, Slovenia, Turkey, Serbia, Montenegro, Ukraine or Moldova, this EULA shall be governed by and construed in accordance with the legislation of Ukraine. If article 20.4 is applied and you are a legal entity or a private entrepreneur, àny and all disputes, controversies or differences in opinion arising out of or relating to the Agreement shall be finally resolved through arbitration in accordance with the arbitration rules and procedures of the International Commercial Arbitration at the Ukrainian Chamber of Commerce and Industry according to its Order. Judgment of the Court mentioned above is final and obligatory for execution by both Parties. If article 20.4 is applied and you are a natural person, the Kiev Shevchenko District Court shall have jurisdiction over all disputes relating to this EULA.
20.5. If article 20.3 is applied and you are a legal entity or a private entrepreneur, the Arbitration Court of Moscow, the Russian Federation, shall have jurisdiction over all disputes relating to this EULA. If article 20.3 is applied and you are an individual person, the Perovsky District Court of Moscow, the Russian Federation, shall have jurisdiction over all disputes relating to this EULA.
20.6. In the cases described in articles 20.1-20.4, this EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
20.7. If the SOFTWARE was obtained in a country other than the countries specified in articles 20.1-20.4, this EULA shall be governed by and construed in accordance with the substantial laws of the country in which you purchased the SOFTWARE.
21. Miscellaneous
21.1. If you acquired the SOFTWARE via the Internet (including “Not for Resale”, “Trial”, and/or “Upgrade” versions), ABBYY shall not provide you with any printed materials, including the User’s Guide.
21.2. Remuneration under this EULA is the price of the Licence established by ABBYY or an ABBYY Partner and payable in accordance with the payment procedures established by them.
21.3. ABBYY guarantees that all the personal information you provide when installing and registering the SOFTWARE will be stored and used strictly within the ABBYY Group.
21.4. ABBYY may send you e-mail messages containing product and company news, information about special offers, advice on product usage and other product and company-related information if you specifically agree to receive such information from ABBYY. You can ask ABBYY to remove your e-mail address from the mailing list and it will be deleted.
21.5. ABBYY guarantees that all the information you provide when activating the SOFTWARE will be stored and used strictly within ABBYY.
21.6. You agree to indemnify, hold harmless, and defend ABBYY from and against any claims, liabilities, losses, actions, damages and/or lawsuits, including any attorneys’ fees that may arise from or relate to the use of and/or reliance on the SOFTWARE.
21.7. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms. This EULA shall not prejudice the statutory rights of any party dealing as a consumer.
22. Government Use
22.1. If use is made of the SOFTWARE by the United States Government or any US Government agency, the following additional terms shall apply: (1) Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and (2) any use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (ñ)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
23. Vorbis
23.1. The software uses the Vorbis format for sound compression. Xiph.org’s Vorbis format libraries (hereunder “Vorbis software”) are licensed from Xiph.org Foundation.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met.
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice (Copyright © year of publication Xiph.org Foundation), this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
Vorbis software is provided by the copyright holders and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the regents or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
